Michael Yarberry, et al v. Supervalu Incorporated, et al
| SUPERVALU INCORPORATED, SHOPPERS FOOD WAREHOUSE CORPORATION, FOODARAMA, LLC, SUPERVALUE HOLDINGS, INCORPORATED and FF ACQUISITIONS, LLC |
| STATE OF CALIFORNIA, UNITED STATES OF AMERICA and STATE OF ILLINOIS |
| TRACY SCHUTTE, Relator and MICHAEL YARBERRY, Relator |
| TAXPAYERS AGAINST FRAUD EDUCATION FUND, WASHINGTON LEGAL FOUNDATION, NATIONAL ASSOCIATION OF CHAIN DRUG STORES, INCORPORATED, PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, TRACY SCHUTTE and MICHAEL YARBERRY |
| 20-2241 |
| July 9, 2020 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Statutory Actions |
Opinions
We have the following opinions for this case:
| Description |
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 Yarberry v. Supervalu Inc.
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| Michael Yarberry v. Supervalu Incorporated |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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Filing 93
Mandate issued. No record to be returned. [93] [7336073] [20-2241] (SK) [Entered: 09/18/2023 09:02 AM]
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FOR COURT USE ONLY: Certified copy of 07/27/2023 Nonprecedential Disposition and Final judgment with Mandate sent to the District Court Clerk. [7336076-2] [7336076] [20-2241] (SK) [Entered: 09/18/2023 09:07 AM]
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Filing 92
ORDER: Final judgment filed per nonprecedential disposition. Each shall bear their own costs. [92] [7326019] [20-2241] (MAN) [Entered: 07/27/2023 02:39 PM]
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Filing 91
Filed Nonprecedential Disposition PER CURIAM. We VACATE the judgment of the district court and REMAND to the district court for the Central District of Illinois for further proceedings in light of the Supreme Courts opinion in Schutte. Ilana Diamond Rovner, Circuit Judge; David F. Hamilton, Circuit Judge and Amy J. St. Eve, Circuit Judge. [91] [7326016] [20-2241] (MAN) [Entered: 07/27/2023 02:34 PM]
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Filing 90
Filed Circuit Rule 54 Statement of Position by Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated , as ordered by this court. [90] [7325753] [20-2241] (Mainigi, Enu) [Entered: 07/26/2023 02:06 PM]
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Filing 89
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Enu Mainigi, Craig Singer, A. Joshua Podoll for Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. Additional Parties: Supervalu Pharmacies, Inc., Albertson's, LLC, Jewel Osco Southwest LLC, New Albertson's, Inc., American Drug Stores, LLC, Acme Markets, Inc., Shaw's Supermarket, Inc., Star Market Company, Inc., Jewel Food Stores, Inc., and AB Acquisition LLC. [89] [7325639] (L-Yes; E-Yes; R-Yes) [20-2241] [89] [7325639] [20-2241]--[Edited 07/26/2023 by HTP to reflect termination and addition of counsel.] (Mainigi, Enu) [Entered: 07/25/2023 07:21 PM]
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Filing 88
Filed Circuit Rule 54 Statement of Position by Appellants Tracy Schutte and Michael Yarberry , as ordered by this court. [88] [7325616] [20-2241] (Keller, John) [Entered: 07/25/2023 04:11 PM]
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Filing 87
The Supreme Court has REMANDED this appeal to this court for further proceedings. The Supreme Court issued a certified copy of its judgment on 07/03/2023. IT IS ORDERED that a Circuit Rule 54 Statement is due by 07/26/2023. [87] [7321132] [20-2241] (CG) [Entered: 07/05/2023 10:14 AM]
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Filing 86
Filed Supreme Court judgment in 21-1326. ON WRIT OF CERTIORARI to the United States Court of Appeals for the Seventh Circuit. THIS CAUSE came on to be heard on the transcript of the record from the above court and was argued by counsel. ON CONSIDERATION WHEREOF, it is ordered and adjudged by this Court that the judgment of the above court is vacated with costs, and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further proceedings consistent with the opinion of this Court. IT IS FURTHER ORDERED that the petitioners, United States, et al., ex rel. Tracy Schutte, et al., recover from SuperValu Inc., et al., Seven Thousand Five Hundred Fifty-three Dollars and Thirty-two Cents ($7,553.32) for costs herein expended. [86] [7321121] [20-2241] (CG) [Entered: 07/05/2023 10:06 AM]
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Filing 85
Filed Supreme Court opinion in 21-1326 & 22-111, VACATED & REMANDED, 06/01/2023. The judgment or mandate of the Supreme Court will not issue for at least 32 days pursuant to Rule 45. Should a petition for rehearing be filed timely, the judgment or mandate will be further stayed pending the Supreme Court's action on the petition for rehearing. [85] [7314461] [20-2241, 20-3425]--[Text edited 06/08/2023 by JR.] (PS) [Entered: 06/01/2023 03:34 PM]
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Filing 84
The appellate court record has been transmitted to the Supreme Court. D.C. notified to transmit their record. 21-1326. [84] [7290004] [20-2241] (VG) [Entered: 02/08/2023 02:26 PM]
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Filing 83
Filed order from the Supreme Court GRANTING the Petition for Writ of Certiorari. 21-1326. The petition for a writ of certiorari in No. 22-111 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. [83] [7285188] [20-2241] (PS) [Entered: 01/17/2023 02:57 PM]
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Filing 82
Filed notice from the Supreme Court of the filing of a Petition for Writ of Certiorari. 21-1326 [82] [7227838] [20-2241] (PS) [Entered: 04/06/2022 02:39 PM]
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Filing 81
Notice from the Supreme Court that a motion for extension of time to file a Petition for Writ of Certiorari has been GRANTED, extending such time to 04/01/2022. [81] [7220157] [20-2241] (PS) [Entered: 03/01/2022 12:12 PM]
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Filing 80
Mandate issued. No record to be returned. [80] [7204707] [20-2241] (LCP) [Entered: 12/13/2021 09:22 AM]
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FOR COURT USE ONLY: Certified copy of 08/12/2021 Opinion with Mandate sent to the District Court Clerk. [7204721-2] [7204721] [20-2241] (LCP) [Entered: 12/13/2021 09:34 AM]
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Filing 79
ORDER re: The petition for rehearing and petition for rehearing en banc. No judge in regular active service has requested a vote on the petition for rehearing en banc and the judges on the original panel have voted to deny rehearing. It is, therefore, ORDERED that the petition for rehearing and petition for rehearing en banc is DENIED. (Note: Judge Candace Jackson-Akiwumi did not participate in the consideration of this matter.) [79] [7203064] [20-2241] (AG) [Entered: 12/03/2021 10:26 AM]
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Filing 78
Paper copies of response to rehearing enbanc brief filed by Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. Dist. [78] [7199396] [20-2241] (CM) [Entered: 11/16/2021 10:18 AM]
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Filing 77
Brief deficiency letter sent to Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. The Response to Petition for Rehearing and Petition for Rehearing Enbanc brief was electronically filed on 11/09/2021. The paper copies of this brief were due to be submitted to the Clerk's Office by 11/12/2021. The paper copies have not been received by this court. Paper copies due on 11/18/2021 or the court may issue a Rule of Show Cause order pursuant to Circuit Rule 31. [77] [7199272] [20-2241] (MLM) [Entered: 11/15/2021 04:23 PM]
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Filing 76
Filed Response to Petition for Rehearing and Petition for Rehearing Enbanc by Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated, et al., per order. [76] [7198198] Paper copies due on 11/12/2021 [20-2241] (MAN) [Entered: 11/09/2021 03:20 PM]
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Filing 75
Submitted response to petition for rehearing enbanc by John C.O'Quinn for Appellees Supervalu Incorporated, Supervalue Holdings, Incorporated, FF Acquisitions, LLC, Shoppers Food Warehouse Corporation and Foodarama, LLC. [75] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7198173] [20-2241] (O'Quinn, John) [Entered: 11/09/2021 02:55 PM]
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Filing 74
Paper copies of amicus brief in support of Petition for Rehearing for Enbanc filed by Amicus Curiae Taxpayers Against Fraud Education Fund. DIST. [74] [7190429] [20-2241] (MLM) [Entered: 10/06/2021 03:48 PM]
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Filing 73
Paper copies of amicus brief filed by Amici Curiae Tracy Schutte, USA and Michael Yarberry. DIST. [73] [7190040] [20-2241] (LCP) [Entered: 10/05/2021 01:44 PM]
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Filing 72
Filed brief in support of Petition for Rehearing for Enbanc by Amicus Curiae Taxpayers Against Fraud Education Fund. Electronically transmitted. Paper copies due on 10/07/2021. [72] [7189728] [20-2241] (SK) [Entered: 10/04/2021 03:03 PM]
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Filing 71
INSTANTER ORDER re: Motion for Leave to File an Amicus Brief in Support of the Plaintiffs-Appellants' Petition for Rehearing En Banc. [ # 70 ] The motion for leave to appear as amicus curiae is GRANTED. The clerk of this court shall file INSTANTER the tendered copy of the amicus curiae brief. JPK [71] [7189699] [20-2241] (MM) [Entered: 10/04/2021 02:20 PM]
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Filing 70
Motion filed by Amicus Curiae Taxpayers Against Fraud Education Fund to file amicus brief. [70] [7189397] [20-2241] (Hergott, Daniel) [Entered: 10/01/2021 12:05 PM]
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Filing 69
Submitted brief by Dan Hergott for Amicus Curiae Taxpayers Against Fraud Education Fund. Consent from all parties contained within brief. [69] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7189265] [20-2241] (Hergott, Daniel) [Entered: 09/30/2021 05:03 PM]
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Filing 68
Amicus brief filed by Amici Curiae Michael Yarberry, Tracy Schutte and USA government filing, no consent necessary. Paper copies due on 10/04/2021 Electronically Transmitted. [68] [7189201] [20-2241] (MLM) [Entered: 09/30/2021 03:19 PM]
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Filing 67
Submitted brief by Joshua Dos Santos for amicus United States of America. Federal or state filer (consent unnecessary). [67] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7189170] [20-2241] (Dos Santos, Joshua) [Entered: 09/30/2021 02:41 PM]
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Filing 66
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Joshua Dos Santos for United States of America as Amicus Curiae. [66] [7189142] (L-Yes; E-Yes; R-No) [20-2241] (Dos Santos, Joshua) [Entered: 09/30/2021 02:14 PM]
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Filing 65
Order issued GRANTING motion to extend time to file response to petition for rehearing [ # 64 ] Response to Petition for Rehearing due for Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated by 11/09/2021. JPK [65] [7189062] [20-2241] (ER) [Entered: 09/30/2021 11:05 AM]
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Filing 64
Motion filed by Appellees Supervalu Incorporated, Supervalue Holdings, Incorporated, Shoppers Food Warehouse Corporation and FF Acquisitions, LLC to extend time to file response to petition for rehearing. [64] [7188570] [20-2241] (O'Quinn, John) [Entered: 09/28/2021 12:47 PM]
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Filing 63
Paper copies of rehearing enbanc brief filed by Appellants Tracy Schutte and Michael Yarberry. [63] [7188245] [20-2241] (LCP) [Entered: 09/27/2021 01:51 PM]
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Filing 62
Sent clerk's copy of request to Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated requesting 30 copies of their Response to the Petition for Rehearing and Petition for Rehearing Enbanc filed by Appellants Tracy Schutte and Michael Yarberry on 09/23/2021. Response to Petition for Rehearing due for Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated by 10/12/2021. [7188191] [20-2241] (FP) [Entered: 09/27/2021 11:03 AM]
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Filing 61
Filed Petition for Rehearing and Petition for Rehearing Enbanc by Appellants Tracy Schutte and Michael Yarberry, per order. Paper copies due on 09/27/2021 [61] [7187714] [20-2241] (CAH) [Entered: 09/23/2021 03:51 PM]
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Filing 60
Submitted petition for rehearing enbanc by Tejinder Singh for Appellants Tracy Schutte and Michael Yarberry. [60] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7187679] [20-2241] (Singh, Tejinder) [Entered: 09/23/2021 02:56 PM]
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Filing 59
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Tejinder Singh for Appellants Tracy Schutte and Michael Yarberry. [59] [7185960] (L-No; E-Yes; R-No) [20-2241] [Edited 09/16/2021 by CG to reflect the addition of counsel.] (Singh, Tejinder) [Entered: 09/16/2021 07:38 AM]
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Filing 58
ORDER re: Unopposed motion for extension of time to file petition for rehearing en banc. IT IS ORDERED that the motion is GRANTED. Appellants petition for rehearing, if any, is due on or before September 23, 2021. JPK [58] [7179943] [20-2241] (AG) [Entered: 08/18/2021 12:58 PM]
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Filing 57
Motion filed by Appellants Tracy Schutte and Michael Yarberry to extend time to file petition for rehearing [57] [7179770] [20-2241] (Keller, John) [Entered: 08/17/2021 04:38 PM]
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Filing 56
ORDER: Final judgment filed per opinion. With costs: yes. [56] [7178768] [20-2241] (AD) [Entered: 08/12/2021 02:57 PM]
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Filing 55
Filed opinion of the court by Judge St. Eve. AFFIRMED . Ilana Diamond Rovner, Circuit Judge; David F. Hamilton, dissenting, Circuit Judge and Amy J. St. Eve, Circuit Judge. [55] [7178763] [20-2241] (AD) [Entered: 08/12/2021 02:54 PM]
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Filing 54
Filed Appellants Tracy Schutte and Michael Yarberry Citation of Additional Authority, per Circuit Rule 28(e). [54] [7161198] [20-2241] (Keller, John) [Entered: 05/18/2021 04:26 PM]
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Filing 53
Filed Notice of Supplemental Authority Pursuant to Rule 28(j) by Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalue Holdings, Incorporated and Supervalu Incorporated. [53] [7160479] [20-2241] (O'Quinn, John) [Entered: 05/14/2021 02:52 PM]
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Filing 52
Case argued by Mr. Dale J. Aschemann for Appellants Tracy Schutte and Michael Yarberry and Mr. John C. O'Quinn for Appellees Supervalue Holdings, Incorporated, Supervalu Incorporated, FF Acquisitions, LLC, Foodarama, LLC and Shoppers Food Warehouse Corporation. [52] [7135150] [20-2241] (DRS) [Entered: 01/19/2021 09:32 AM]
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Filing 51
Case heard and taken under advisement by panel: Ilana Diamond Rovner, Circuit Judge; David F. Hamilton, Circuit Judge and Amy J. St. Eve, Circuit Judge. [51] [7135149] [20-2241] (DRS) [Entered: 01/19/2021 09:31 AM]
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Filing 50
Received argument confirmation per argument email form for Attorney Mr. John C. O'Quinn for Appellees Supervalue Holdings, Incorporated, Supervalu Incorporated, FF Acquisitions, LLC, Foodarama, LLC and Shoppers Food Warehouse Corporation. [50] [7133936] [20-2241] (CAH) [Entered: 01/12/2021 10:02 AM]
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Filing 49
Received argument confirmation per argument email form for Attorney Mr. Dale J. Aschemann for Appellants Tracy Schutte and Michael Yarberry. [49] [7133934] [20-2241] (CAH) [Entered: 01/12/2021 10:01 AM]
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Filing 48
Received argument confirmation from Dale J. Aschemann for Appellants Tracy Schutte and Michael Yarberry. [48] [7133655] [20-2241] (Keller, John) [Entered: 01/11/2021 01:27 PM]
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Filing 47
Received argument confirmation from John C. O'Quinn for Appellees FF Acquisitions, LLC, Foodarama, LLC, Supervalu Incorporated, Supervalue Holdings, Incorporated and Shoppers Food Warehouse Corporation. [47] [7133538] [20-2241] (O'Quinn, John) [Entered: 01/11/2021 10:10 AM]
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Filing 46
Paper copies of appellant reply brief filed by Appellants Tracy Schutte and Michael Yarberry. DIST. [46] [7130761] [20-2241] (DRS) [Entered: 12/28/2020 10:07 AM]
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Filing 45
Appellant's reply brief filed by Appellants Tracy Schutte and Michael Yarberry. Paper copies due on 12/28/2020 Electronically Transmitted. [45] [7130102] [20-2241] (LJ) [Entered: 12/22/2020 09:06 AM]
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Filing 44
Submitted appellant reply brief by James A. Tate for Appellants Tracy Schutte and Michael Yarberry. [44] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7129997] [20-2241] (Tate, James) [Entered: 12/21/2020 03:58 PM]
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Filing 43
Paper copies of amicus brief filed by Amici Curiae Chamber of Commerce of the United States of America and Pharmaceutical Research and Manufacturers of America, dist. [43] [7128185] [20-2241] (LJ) [Entered: 12/14/2020 12:01 PM]
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Filing 42
Paper copies of amicus brief filed by Amicus Curiae Washington Legal Foundation. [42] [7127662] [20-2241] (DRS) [Entered: 12/10/2020 03:02 PM]
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Filing 41
Paper copies of amicus brief filed by Amicus Curiae National Association of Chain Drug Stores, Incorporated. [41] [7127538] [20-2241] (SK) [Entered: 12/10/2020 11:40 AM]
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Filing 40
Amicus brief filed by Amici Curiae Chamber of Commerce of the United States of America and Pharmaceutical Research and Manufacturers of America by consent. Paper copies due on 12/14/2020 Electronically Transmitted. [40] [7126606] [20-2241] (CAH) [Entered: 12/08/2020 09:05 AM]
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Filing 39
Submitted brief by John P. Elwood for amicus Pharmaceutical Research and Manufacturers of America and Chamber of Commerce of the United States of America. Consent from all parties contained within brief. [39] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7126528] [20-2241] (Elwood, John) [Entered: 12/07/2020 04:49 PM]
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Filing 38
Amicus brief filed by Amicus Curiae National Association of Chain Drug Stores, Incorporated by consent. Paper copies due on 12/14/2020. Electronically Transmitted. [38] [7126481] [20-2241] (MAN) [Entered: 12/07/2020 03:27 PM]
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Filing 37
Submitted brief by Craig Y. Lee, Elbert Lin, Emily K. Bolles, Mary Ellen Kleiman for amicus National Association of Chain Drug Stores, Inc.. Consent from all parties contained within brief. [37] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7126409] [20-2241] (Lee, Craig) [Entered: 12/07/2020 02:27 PM]
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Filing 36
Amicus brief filed by Amicus Curiae Washington Legal Foundation by consent. Paper copies due on 12/14/2020 Electronically Transmitted. [36] [7126184] [20-2241] (LJ) [Entered: 12/07/2020 09:31 AM]
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Filing 35
Submitted brief by John Masslon for amicus Washington Legal Foundation. Consent from all parties contained within brief. [35] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7126165] [20-2241] (Masslon, John) [Entered: 12/07/2020 09:08 AM]
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Filing 34
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John Masslon for Washington Legal Foundation. [34] [7126135] (L-Yes; E-Yes; R-No) [20-2241] (Masslon, John) [Entered: 12/07/2020 04:52 AM]
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Filing 33
ORDER: Counsel in this appeal shall present oral argument either telephonically or by video communications. No attorneys will be present in the courtroom. The clerks office will contact counsel with further instructions. MOTIONS TO WAIVE ORAL ARGUMENT: If the appeal can be resolved based on the briefs and record and the decisional process would not be significantly aided by oral argument, see FED. R. APP. P. 34(a), counsel may file a motion under Circuit Rule 34(e) to waive oral argument. The court encourages counsel to confer with opposing counsel when considering a motion to waive oral argument and prefers joint motions. A motion to waive oral argument must be filed no later than seven days before the date of argument. CH [33] [7126025] [20-2241] (CAH) [Entered: 12/04/2020 03:24 PM]
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Filing 32
Argument set for Tuesday, Jan 19, 2021, at 9:30 a.m. Each side limited to 20 minutes. [32] [7125925] [20-2241] (SK) [Entered: 12/04/2020 01:07 PM]
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Filing 31
Paper copies of appellee brief filed by Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. [31] [7125169] [20-2241] (CO) [Entered: 12/02/2020 09:24 AM]
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Filing 30
Appellee's brief filed by Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. Paper copies due on 12/07/2020. Electronically Transmitted. [30] [7124763] [20-2241] (GW) [Entered: 12/01/2020 09:41 AM]
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Filing 29
Submitted appellee brief by John C. O'Quinn for Appellees Supervalu Incorporated, Supervalue Holdings, Incorporated, FF Acquisitions, LLC, Foodarama, LLC and Shoppers Food Warehouse Corporation. [29] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7124691] [20-2241] (O'Quinn, John) [Entered: 11/30/2020 06:04 PM]
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Filing 28
Order issued GRANTING motion to extend time to file appellees' brief. [ # 27 ] Appellees' brief due on or before 11/30/2020 for FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. Appellants' reply brief, if any, is due on or before 12/21/2020 for Appellants Tracy Schutte and Michael Yarberry. CMD [28] [7115558] [20-2241] (CG) [Entered: 10/19/2020 08:42 AM]
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Filing 27
Motion filed by Appellees Supervalu Incorporated, Supervalue Holdings, Incorporated, FF Acquisitions, LLC and Foodarama, LLC to extend time to file Unopposed Motion for Extension of Time to File Appellees' Brief. [27] [7115236] [20-2241] (O'Quinn, John) [Entered: 10/16/2020 10:36 AM]
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Filing 26
Paper copies of amicus brief filed by Amicus Curiae Taxpayers Against Fraud Education Fund. [26] [7114502] [20-2241] (DRS) [Entered: 10/14/2020 11:52 AM]
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Filing 24
Re-Submitted brief by Dan Hergott for amicus Taxpayers Against Fraud Education Fund. Consent from all parties contained within brief. [24] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7113460] [20-2241] (Hergott, Daniel) [Entered: 10/08/2020 11:20 AM]
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Filing 25
Amicus brief filed by Amicus Curiae Taxpayers Against Fraud Education Fund, by consent. Paper copies due on 10/14/2020 Electronically Transmitted. [25] [7113562] [20-2241] (SK) [Entered: 10/08/2020 04:18 PM]
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Filing 23
Brief deficiency letter sent to Amicus Curiae Taxpayers Against Fraud. [23] [7113376] [20-2241] (SK) [Entered: 10/08/2020 09:13 AM]
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Filing 22
Submitted brief by Dan Hergott for amicus Taxpayers Against Fraud Education Fund. Consent from all parties contained within brief. [22] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7113343] [20-2241] (Hergott, Daniel) [Entered: 10/07/2020 10:22 PM]
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Filing 21
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dan Hergott for Taxpayers Against Fraud Education Fund. [21] [7113342] (L-No; E-Yes; R-No) [20-2241] (Hergott, Daniel) [Entered: 10/07/2020 10:13 PM]
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Filing 20
Paper copies of appellant brief filed by Appellants Tracy Schutte and Michael Yarberry. [20] [7112792] [20-2241] (CAH) [Entered: 10/06/2020 10:31 AM]
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Filing 19
Appellant's brief filed by Appellants Tracy Schutte and Michael Yarberry. Paper copies due on 10/07/2020 Electronically Transmitted. [19] [7111700] [20-2241] (CM) [Entered: 09/30/2020 04:54 PM]
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Filing 18
Submitted appellant brief by James A. Tate for Appellants Tracy Schutte and Michael Yarberry. [18] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7111640] [20-2241] (Tate, James) [Entered: 09/30/2020 03:30 PM]
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Filing 17
NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Paul B. Martins for Appellants Tracy Schutte and Michael Yarberry has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [17] [7110511] [20-2241] (LJ) [Entered: 09/25/2020 12:01 PM]
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Filing 16
NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Glenn Grossenbacher for Appellants Tracy Schutte and Michael Yarberry has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [16] [7110495] [20-2241] (LJ) [Entered: 09/25/2020 11:35 AM]
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Filing 15
NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Gary M. Grossenbacher for Appellants Tracy Schutte and Michael Yarberry has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [15] [7110494] [20-2241] (LJ) [Entered: 09/25/2020 11:34 AM]
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Filing 14
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Julie W. Popham, Paul B. Martins, Glenn Grossenbacher, Gary Grossenbacher for Appellants Tracy Schutte and Michael Yarberry. [14] [7107621] (L-No; E-No; R-No) [20-2241] [14] [7107621] [20-2241]--[Edited 09/15/2020 by ZNS to reflect the addition of counsel] (Popham, Julie) [Entered: 09/14/2020 05:59 PM]
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Filing 13
Order issued GRANTING motion to extend time to file appellants' brief. [ # 12 ] Appellants' brief due on or before 09/30/2020 for Tracy Schutte, State of California, State of Illinois, United States of America and Michael Yarberry. Appellees' brief due on or before 10/30/2020 for FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. Appellants' reply brief, if any, is due on or before 11/20/2020 for Appellants Tracy Schutte, State of California, State of Illinois, United States of America and Michael Yarberry. CMD [13] [7103238] [20-2241] (ZNS) [Entered: 08/25/2020 08:50 AM]
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Filing 12
Motion filed by Appellants State of California, State of Illinois, USA, Tracy Schutte and Michael Yarberry to extend time to file appellant brief. [12] [7103120] [20-2241] (Keller, John) [Entered: 08/24/2020 03:23 PM]
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Filing 11
Added Attorney(s) James A. Tate for party(s) Appellant Tracy Schutte Appellant Michael Yarberry, in case 20-2241 per disclosure statement. Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James A. Tate for Appellants Tracy Schutte and Michael Yarberry. [11] [7098211] (L-No; E-Yes; R-No) [20-2241]--[Edited 08/04/2020 by AD to reflect the addition of counsel.] (Tate, James) [Entered: 08/03/2020 05:22 PM]
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Filing 10
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James F. Hurst, Andrew A. Kassof, Brenton Rogers, John C. O'Quinn for Appellees FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalue Holdings, Incorporated and Supervalu Incorporated. for AB Acquisition LLC; Acme Markets, Inc.; Albertson's, LLC; American Drug Stores, LLC; Jewel Food Stores, Inc.; Jewel Osco Southwest LLC; New Albertson's, Inc.; Shaw's Supermarket, Inc.; Star Market Company, Inc.; SuperValu Pharmacies, Inc.. [10] [7097473] (L-Yes; E-Yes; R-No) [20-2241]--[Edited 08/18/2020 by JAD to add Attorneys Andrew A. Kassof, Brenton A. Rogers, John C. O'Quinn for party Appellee FF Acquisitions, LLC, Appellee Shoppers Food Warehouse Corporation, Appellee Supervalu Incorporated, Appellee Supervalue Holdings, Incorporated Appellee Foodarama, LLC, in case 20-2241] (Hurst, James) [Entered: 07/30/2020 04:06 PM]
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Filing 9
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Jason Idell for Appellants Tracy Schutte and Michael Yarberry. [9] [7096106] (L-No; E-Yes; R-No) [20-2241] [9] [7096106] [20-2241]--[Edited 07/24/2020 by ZNS to reflect the addition of counsel] (Idell, Jason) [Entered: 07/24/2020 02:30 PM]
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Filing 8
Filed Seventh Circuit Transcript Information Sheet by Appellants State of California, State of Illinois, USA, Michael Yarberry and Tracy Schutte. [8] [7095551] [20-2241] (Keller, John) [Entered: 07/22/2020 03:52 PM]
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Filing 7
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Rand J. Riklin for Appellants Michael Yarberry and Tracy Schutte. [7] [7095174] (L-No; E-Yes; R-No) [20-2241] --[Edited 07/21/2020 by ER - added Attorney Rand J. Riklin] (Riklin, Rand) [Entered: 07/21/2020 03:20 PM]
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Filing 6
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dale J. Aschemann for Appellants Tracy Schutte, State of California, State of Illinois, USA and Michael Yarberry. [6] [7095165] (L-No; E-No; R-No) [20-2241] --[Edited 07/21/2020 by MM to reflect addition of counsel.] (Aschemann, Dale) [Entered: 07/21/2020 03:14 PM]
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Filing 5
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Timothy Keller for Appellants Tracy Schutte, State of California, State of Illinois, USA and Michael Yarberry. [5] [7094895] (L-Yes; E-Yes; R-No) [20-2241] (Keller, John) [Entered: 07/20/2020 05:02 PM]
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Filing 4
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellant's brief due on or before 08/31/2020 for Tracy Schutte, State of California, State of Illinois, United States of America and Michael Yarberry. Appellee's brief due on or before 09/30/2020 for FF Acquisitions, LLC, Foodarama, LLC, Shoppers Food Warehouse Corporation, Supervalu Incorporated and Supervalue Holdings, Incorporated. Appellant's reply brief, if any, is due on or before 10/21/2020 for Appellants Tracy Schutte, State of California, State of Illinois, United States of America and Michael Yarberry. RJS [7094164] [20-2241] (FP) [Entered: 07/16/2020 04:11 PM]
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Filing 3
Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Thursday, July 30, 2020 at 9:30 a.m. Central Time. See Notice for further details and requirements. RJS. [3] [7094163] [20-2241] (FP) [Entered: 07/16/2020 04:08 PM]
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Filing 2
THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: Supervalu Pharmacies, Inc., Albertson's, LLC, Jewel Osco Southwest LLC, New Albertson's, Inc., American Drug Stores, LLC, Acme Markets, Inc., Shaw's Supermarket, Inc., Start Market Company, Inc.,Jewel Food Stores, Inc., and AB Acquisition LLC. [2] [7092721] [20-2241] (AD) [Entered: 07/10/2020 02:37 PM]
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Filing 1
U.S. civil case docketed. Fee paid. Docketing statement filed. Transcript information sheet due by 07/23/2020. Appellant's brief due on or before 08/18/2020 for Tracy Schutte, State of California, State of Illinois, United States of America and Michael Yarberry. [1] [7092709] [20-2241] (AD) [Entered: 07/10/2020 02:23 PM]
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